HomeMy WebLinkAbout1995-356
09/18/95
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RESOLUTION NO.
95-356
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAIN-
TENANCE ASSESSMENT DISTRICT LOCATED IN THE COULSTON AREA; DECLARING ITS
INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS
ASSESSMENT DISTRICT NO. 1016, AND WAIVING NOTICE AND HEARING.
5 WHEREAS, the City of San Bernardino (hereinafter called "City") as
6 an exercise of its municipal affairs powers has enacted an Assessment Dis-
7 trict Ordinance (Municipal Code Chapter 12.90) to provide for the procedure
8 for the formation of assessment districts within the City; and
9 WHEREAS, it has now become necessary to consider the formation of
10 a landscape maintenance assessment district within the City, to be known as
11 Assessment District No. 1016;
12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO THAT:
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SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Munic-
15 ipal Code, the Mayor and Common Council of said City hereby preliminarily
16 find and determine that the public convenience and necessity require, and it
17 is the intention of the Mayor and Common Council to form Assessment District
18 No. 1016, the boundaries of which are generally as follows: the property
19 involved is bounded on the South by Coulston Street, on the West by Curtis
20 street and on the East by Rosena Avenue and encompasses all of Tract No.
21 15573.
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Reference is hereby made to the Engineer's Report on file in the
23 office of the City Clerk of said City for a map of the boundaries of said
24 district, a description of the type of improvement, an estimated cost of the
25 maintenance, and a proposed assessment roll, which Report and Assessment
26 District Map are hereby approved.
27 SECTION 2. It is the intention of said Mayor and Common Council
28 to order improvements within the district, which improvements consist of,
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RESOLUTION OF INTENTION: LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1016
1 but are not limited to, the maintenance of landscaping and appurtenant
2 facilities in portions of the Northerly side of Coulston street, and in the
3 Northeast corner of Curtis Street and Coulston Street, the Northeast and
4 Northwest corners of Elm Avenue and Coulston Street, and the Northwest
5 corner of Rosena Avenue and Coulston Street, and in easements granted for
6 landscape maintenance purposes on the recorded map of Tract 15573. The
7 estimated cost of the first year's maintenance, including incidental costs,
8 is Four Thousand Three Hundred and Five Dollars ($4,305,00).
9 SECTION 3. Said contemplated work and improvements is of morc
10 than local or ordinary public benefit, and said Mayor and Common Council do
11 hereby make the expense of such work and improvement chargeable upon the
12 district, which district is hereby declared to be the district benefited by
13 said proposed work and improvement, and to be assessed to pay the cost and
14 expense thereof. All public streets or alleys, or portions thereof, hereby
15 are excepted from said assessment.
16 SECTION 4. The assessment benefit procedure to be followed and
17 the amount to be assessed against each particular parcel will be a propor-
18 tion of the total sum of the cost of the maintenance and incidentals within
19 the area in relation to the number of single family units within the area of
20 the boundaries of the assessment district. Reference is hereby made to said
21 Engineer's Report on file in the office of the City Clerk for a detailed
22 estimated individual assessment.
23 SECTION 5. The assessment financing alternative to be followed
24 shall be as follows, to-wit:
25 The estimated cost of the first year's maintenance, as set forth
26 in the Engineer's Report, shall be assessed against the properties involved
27 for the fiscal year immediately following the establishment of the district.
28 This assessed amount is to be used as a source of pre-fwlding the first
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RESOLUTION OF INTENTION: LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1016
1 year's maintenance contract and incidental costs. Once the district has
2 assumed the responsibility for the maintenance, the properties shall be
3 assessed each year thereafter for the actual contract and incidental costs.
4 If there is a surplus from the estimated assessment over the actual first
5 year's contract and incidental costs, then such surplus shall be applied as
6 a credit to the following year's assessment. The assessment shall be lev-
7 ied, collected, and enforced, in the same manner, at the same time, and with
8 the same penalties and interest as in the case of taxes levied for the City
9 for the repayment to the City of said annual contract and incidental costs.
10 The costs of the maintenance contract and incidentals will be
11 collected in perpetuity unless otherwise terminated by the City. No inter-
12 est will be charged as the maintenance costs are levied in advance.
13 SECTION 6. That the City elects to proceed without Notice and
14 Hearing pursuant to Section 12.90.040C(5) of the Municipal Code as the
15 request represents 100% of the property owners liable to be assessed for the
16 maintenance.
17 SECTION 7. A copy of this resolution and a map showing the exte-
18 rior boundaries of the proposed improvement district with relation to the
19 territory immediately contiguous thereto and to the proposed improvement
20 will be on file with the City Clerk and will be available for inspection by
21 any person or persons interested. This map shall govern for all details as
22 to the extent of the proposed improvement district.
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09/18/95
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RESOLUTION OF INTENTION: LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1016
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
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the Mayor and Common Council
meeting thereof held on the
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6 COUNCIL MEMBERS:
7 NEGRETE
8 CURLIN
9 HERNANDEZ
10 OBERHELMAN
11 DEVLIN
12 POPE-LUDLAM
13 MILLER
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The
foregoing resolution is hereby approved this
18 of
october
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Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
IL~
regular
of the
16th
/idf/.ti
City of San Bernardino at a
October
day of
, 1995,
It!).
day
, 1995,
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TbM MINOR, Mavor '
City of San Bernardino
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